Sunday, February 15, 2009

Monday is a holiday and court is dark. It will probably be late Tuesday before I have my notes up on that days testimony. I thought I would open up an entry to everyone who might have some questions about the retrial so far. I will dig into my notes and answer any question you have as best I can.

2/17/09 11:18 PM This Q& A is closed. There will be a new Q&A next Friday.

It looks like Spector is going down. Has anyone wondered if he might try to flee the country? I don't think there is anywhere he would go that would not send him back, but it's something that just occured to me.

Is the trial moving more smoothly without the media that was there for trial one? From outside it seems to be taking much the same amount of time - is it just this trial, or all trials in LA that seem to move so slowly?

Hi Sprocket - you are so, so kind giving us all this opportunity to ask you extra questions re the trial in general, when you could instead be taking a well-earned break from our insatiable curiosity about the trial! As I was reading the last update I wondered about Pex's demeanor during AJ's masterful cross examination re the slides. Did Pex look nervous, or embarrassed, or worried?? Seems to me he should have...... How I miss seeing AJ in action, but you make it so real in your descriptions. Thank you so much, again.

I have never been able to figure out how the crime scene visit is supposed to benefit the defense...to me, it just makes it more vivid for the jury.

I would bet that Pex asked Weinberg for legal advice (after that last disaster!)and he was told "go get your own lawyer, my plate is full!". Weinberg has to decide, does he support this guy, or cut him off to twist in the wind? (he has already disavowed knowing "how those pics got there".)

Spector Fleeing:Understand that I don't have a contact in the Sheriff's, LAPD, or Alhambra PD that would answer this for me.

If I'm recalling correctly, Dominick Dunne told me during the first trial that towards the end of the trial, there were extra officers assigned to keep tabs on his where abouts. I have no idea how he knew that.

Jury attentivenessThe jury does pay attention when a witness is on. Sometimes they look at counsel asking the questions; sometimes they concentrate on the witness.

Dianne OgdenAll of Ms. Ogden's audio testimony was allowed in. Parts of the video were blue screened out when the camera was focused on Spector, and not the witness. With any audio/video, the jurors also received a complete transcript. (I believe the lights were dimmed slightly when that video was played. The jurors have asked for this early on, anytime something is up on the overhead screen.)

"He was screaming at me the F word was in there everywhere--the word bitch was in there everywhere."

DO's testimony is very powerful

"He wanted me to go upstairs to his bedroom-- So I did whatever he said."

"I cared about him it, it was at gunpoint. He didn't have to do that."

"He tried to have intercourse with me but it was icky because it wasn't him."

I lean over to see if I can see Rachelle's face. Yep. Her eyes are closed.

#9 watches video

Cross by Bruce Cutler 10:28 am.

Spector watches the screen.

~snip~ Weinberg objects to the jurors keeping the transcripts that it puts undue importance on it. Fidler overrules the objection.

From my notes, I think this testimony was pretty powerful for the jurors.

Speed of the trialI think the trial is getting bogged down with all the hearings outside the presence of the jury. Fidler has mentioned, and so has counsel how the trial is getting delayed. I don't think the presence of the media or the lack of media has anything to do with that. It has to do with each side doing the best that they can for who they represent.

The next defense witnessIt is my guess that the defense is done with their forensic experts. Although one never knows lol!

They still have suicidologist, Dr. Sieden to testifiy. At this point, I believe all he can testify to is about suicide in general and some of the misconceptions people have about it. I'm betting there will still be some arguments about what he can and cannot say. From the arguments I've heard so far about what he can say, I'm betting he will not be able to opine on Lana's state of mind.

Weinberg will be calling some of the officers that were at the scene to, (I'm guessing) try to show that with so many officers in that small foyer, they had to have disturbed Lana Clarkson's body. I'm pretty certain that he will also call Detective Tomlin to introduce evidence.

I'm not sure at what point Weinberg will call Ms. Pie, John Barrons and/or Jennifer Hayes Reidl. For certain he will call Pie. For certain he will call John Barrons. (My opinion.) The defense is only giving the prosecution three days notice on who their next witness is. If I get any kind of heads up on who's next, I'll certainly publish that.

Sedonia SunsetWhy don't you publish the link again, but break it up this time so the entire link will appear in the blogger comments.

James Pex crossI wasn't specifically concentrating on Pex when I was taking notes. I was wondering why in the world was AJ going over every single slide in one of his power point presentations and asking all the detailed questions about the testing. Remember, those of us in the gallery that are NOT a part of the DA's office were clueless as to what was coming.

All I did note was that Pex smiled after the first question/accusation against Pex by AJ.

Jury attitude towards attorneysThat's a hard question to answer. There have been about two times total, where I have noted a juror (1 juror; 1 alternate) make a face after something Weinberg asked of a witness. In my opinion, they are pretty attentive with each counsel when they are up to present or cross.

Spector's attentivenessI am trying to think back through this trial if I've seen him outright asleep and nothing comes to mind. Understand that I only have one set of eyes. Sometimes, if there are clerks or Detective Tomlin sitting at the far right end of the first bench row, I don't always have a clear view of Spector.

The jury site visitJudge Fidler agrees with you. The pictures don't do what being there can do for getting a feel for what might have happened. That's why the site visit will happen over the prosecution's objections this time.

The site visit benefits the defense if the fountain is on and the jurors agree with the defense argument that the sound of the fountain might have made it hard for De Souza to hear what Spector said.

Inside the house, the visit may benefit the defense with their argument that the foyer was crowded with all those officers and they had to have knocked Lana's body and the gun around in the take down of Spector.

Pex possibly consulting with Weinberg for legal adviseFor certain, they had to have discussed this in advance of his cross because of the way Pex answered Fidler when a few minutes later, he was advised of his rights. Pex told Fidler he had "read the transcript of his testimony from yesterday." He said he didn't need an attorney. So, with that answer, in my mind, the defense had to know that this accusation was coming, otherwise, why would Pex have felt the need to review all his testimony from the day before?

The only way he could have received a copy of his testimony that quickly, would have been from Weinberg. Now it is possible that Pex purchased a copy of his testimony directly from the court reporters without utilizing Weinberg but I'm doubting that happened.

T-shirt wearing juror #5I have to say that the juror has worn quite a few music related t-shirts. Not all of them have a connection to Spector. The juror has also worn some comic book hero t-shirts, too. Other times lately, with the courtroom being cold, the juror has worn long sleeve button down shirts. I don't get a sense anymore that there is anything particularly noteworthy about his music t-shirts. It's my own personal impression that he is a man into music, comic books and motorcycles.

He seems happy to greet all the people who come down to court to support him.

When the accusations against Pex on the stand and the short hearing/arguments ouside the jury's presence right afterwards were going on, I was told by someone who observed it that Spector's hands shook more noticeably than they have before.

That may be significant to his state of mind, or it could have been a coincidence.

Sara CaplanThe only way I could possibly see the prosecution calling Ms. Caplan is if the defense called Dr. Henry Lee to testify. I don't see that happening at all, since Lee could easily be discredited by Ms. Caplan's testimony.

Sprocket, do you know anything about the civil suits still pending against Spector in his disregard of paying people?? Such as Robert Shapiro, the hotel that sued the Spectors and possibly any monies he never paid from the first trial. We know he has a habit of living large and NOT paying...I don't know if California's court records are as open and easy to get as ours here in Florida.

While I was certainly dissapointed that the first trial ended with a hung jury, I cannot for a second belive that PS will escape justice. Even if you assume that this second jury will also be hung, I have no doubt that he will be tried a third time. Each time, he is having to come up with substantial money for a new defense effort. He also faces a certain judgement in his civil trial when that happens.

I am certain that in the end he will be convicted criminally and found liable civilly. He will never be aquited by any jury. His "best case" scenario is that he will buy another year or so of freedom at a substantial price. So, in the meanwhile he is being bled dry by the legal system and he is only postponing the inevitable. Lana will receive justice and PS will never escape it. He will end up behind bars and a lot poorer as well.

Sprocket, my question is has anyone ever talked about an estimate of PS's net worth or his annual income? Is there a chance he'll be bankrupted by the process anytime soon? I'd love nothing more than to think that was the case. There was some indication last week that the defense is experiencing problems with the cost of the expert testimony.

By the way, has anyone ever wondered how long Rachelle would stay with him once he burned through all his cash?

The day PS is convicted, I will be going to the bar at my local Trader Vics and drinking a Navy Grog while savoring the vision of PS in solitary confinement for the rest of his natural life.

Civil suitsI don't know anything about the Westin Bonaventure suit other than what has been reported in the press. Supposedly, there will be a hearing on February 25th.

These civil hearings would be in a totally different courthouse than the Clara Shortridge-Foltz Criminal Justice Center.

California records are open, if you know where to go and where to look. It would involve my time in going over to either the Hall of Records building and/or the Public Information Office. Next time I see Pat Kelly from the PIO, I'll ask her if her office has any copies of filings for the W-B civil case.

The civil case filed by the Clarkson family is on hold until the criminal trial is settled. That suit was filed in Pasadena, so that case will be heard there. I plan to attend as much of that trial as I possibly can. Getting to Pasadena will involve a longer commute for me and I'll probably have to drive every day, or spend more than an hour taking two trains.

Pex PerjuryUnderstand that at this point it is just an accusation of perjury. As far as I know, he has not been formally charged with perjury.

I know that Fidler asked for motions on the discovery violation accusation that resulted from Pex's direct testimony. Hopefully, those will be argued at some point on Tuesday.

Spector net worth and possible third trialI agree with you that if there is a second hung jury the prosecution would try him again. And again if a third hung jury. As far as I know (although I could be wrong) there is no "limit" on how many times they can bring him to trial after a hung jury.

There have been hints that money is tight on paying for this defense. Judge Fidler alluded to that from the bench in the last few days. It's my guess he's not "rolling in dough" right now and the wife does have expensive tastes in cars and wardrobe. (Then again, the car the bodyguard is driving appears to be a brand new Lexus.)

It's my guess that Spector and Rachelle are driven home for lunch now and are not staying at a local hotel. That's just a guess and I don't have anything to base that on. Just a gut feeling.

I have no idea if Spector found a way to hide assets. He's had a long time to do that. Six years and counting. But once his criminal trial is settled, watch out! The legal team of Taylor & Ring (the attorney's handling the wrongful death civil suit by Lana' family) has quite a reputation. I've met Mr. Taylor at court. There's no question the family has chosen a top legal team for their representation.

Can you imagine if Mrs. Clarkson gains possession of the property where her daughter died? How poetic would that be?

I have not heard anything from any accredited news/media source, that has uncovered "how much" Spector's net worth is.

RachelleWho knows what she will do. Will she continue to support her husband once he is convicted by giving interviews to any media outlet willing to listen? We'll have to wait and see.

I recommend going back to Michelle Blane's early entries to get a different perspective on Mrs. Spector. According to Michelle, in one email Rachelle sent her, she referred to her husband as "wierdo." (That was posted 11/6/07.)

Sprocket said (re Rachelle if Spector is convicted:Who knows what she will do. Will she continue to support her husband once he is convicted by giving interviews to any media outlet willing to listen? We'll have to wait and see.

No matter what happens, she'll always have her statue of limitations to remember him by:

I'm glad to hear that if it's a mistrial/hung jury that the prosecution can try again. If he has the resources which are implied here, then he can probably just keep paying lawyers and experts to keep out of jail.

My question, Sprocket: after so much trial watching, do you think the justice system works in criminal trials of people who have a lot of financial resources, and do you have any suggestions about this to make justice more fair for all?

Re: PS's income, its mid-6 figures yearly due to royalties. Not bad, by any means, but when you have a Murder trial and at least FOUR civil cases ongoing.....believe me, this goes fast. Those lawyers, experts, investigators, court media and consultants, etc will get as much as possible; have you ever heard of a case otherwise?Remember that in one Vanity Fair article, Mr. Dunne mentioned the mortgage that has been taken out on the 2 PS properties previously paid for by CASH...this was reported sometime in 2007.

Rachelle better start taking some classes....she currently has no marketable skill-set...I recommend something in the Human Services field like Substance Abuse Counsel Certification or maybe Criminal Justice.

Has there ever been any testimony to the fact that Lana's dress was found rolled up in her purse at the scene? The implications to that are not good.....

Liz:According to Dominick, there was a sheriff assigned to watch Spector's hands if/when a verdict was read.

Spector's bondI believe that is correct. I would be in shock if after six years out on bail, Fidler would extend Spector's bond until sentencing. Spector would get his 1 mil back but he would be in custody.

Equal justice for allIs it fair that someone with $$$ can hire a more experienced attorney? I don't have an answer for you. Even so, I still think our justice system is the best there is compared to other nations.

Spector's 2nd degree murder charge came with a 1 Mil bond. No matter who you are, to get out pending trial, you have to pay the bond.

Spector's income and the contents of Lana's purseFirst, can you cite a source for that "six figure income?" Since you didn't, you just offered it up and stated it as "fact" how do you know? Do you have some connection to Spector? I have not found a single media source that has been confident it stating what Spector's current financial situation is or how much his royalties pay him. If you are not an intimate of Spector's, care to share your source for how much he makes?

Second, the fact that you state Lana's dress was found "rolled up inside her purse" tells me you don't know the facts of the case and/or you are trying to muddy the facts of the case.

No dress was found inside her purse so there are no implications like you suggest.

Lana was wearing a dress when she was found. She was fully clothed with pantyhose on her legs and shoes on her feet. The surveillance videos from the House of Blues verify that Lana was found dead in the exact same outfit: A suit jacket over a dress.

It has often been described as a "slip dress," but that description is confusing, leading people to believe she was only wearing a slip. That's not true. Dr. Herold testified that the bodice area of the dress was embellished with jewels. It was a design of the dress, that was made of a silky type material. In my mind, the type of material is why so many have called it a "slip" dress.

Inside her purse, was a long SKIRT that her mother, Donna Clarkson, testified Lana had with her that day, just in case she was required to work the security lines outside and she wanted to stay warm. It was February, remember? Her mother testified that Lana would wear that long skirt over her regular outfit if she had to work the security line outside on the street.

When we you be on the radio again. And hopefully, you will be able to have a conversation without you know who intreruping the whole show. And if he does call, I won't be listening to the show ever again.

"Middle six figures?" I think that's a gross understatement. And the "rolled up dress" insinuates more than it illuminates, and is flat wrong, besides (as Sprocket's already commented).

Some speculative notes on Spector's true income: (1) He has writer, producer, AND publisher royalties on an extensive catalog of rock and roll classics, probably with both ASCAP and BMI. (2) His foreign royalties have been paid in euros and British pounds all through the last decade when they were worth much more than dollars. (3) Michael Jackson was able to borrow HUNDREDS OF MILLIONS using his catalogs as collateral; Spector's holdings don't begin to approach Jackson's, but it gives you an idea of what a huge ongoing asset copyrights can be. (4) The Spector catalog will continue to generate substantial income for the life of the copyright holder(s) plus 50 or 75 years (depending on the original copyright dates).

Spector may have liquidity and cash flow issues, but his copyrights and royalties, even on seldom-played music, are a substantial asset against which he can probably borrow as much as ever needs. In that respect, intellectual property is worth as much as real estate.

Jury make upI do know there is a UCLA scientist on the jury that tried very hard to be excused from service, even after he was sworn in. This is juror #6. What's interesting is, even though during the beginning of voir dire he tried to get off the jury, neither the prosecution or the defense choose to use one of their preemptive strikes to let him go. Both sides wanted him.

He's an attentive juror and takes notes.

Talk Radio OneI never know whem Mr. Germain will call to have me on. If I do get sufficient notice, I will put up the date of the next show in the Quick Links list.

I recommend contacting Mr. Germain and tell him how unhappy you were with the individual who called in.

stroopman It's also possible that Spector has already borrowed heavily against future earnings. With such supposed potential income, why would he have needed to take out loans on his castle and a condo he owned in Alhambra, the day before his first trial started? I saw those documents in court. Beth Karas shared them with me.

Dominick Dunne reported that his sources in the MSM guessed that Spector had already spent anywhere from 8 to 10 mil on his defense by the end of trial one.

From confidential sources, I do know that one of the things that was holding up Spector signing with Weinberg & why that took so long.

Spector was trying to negotiate with Weinberg a lower fee if Weinberg lost. We already know how Spector has a reluctance in paying a bill in full, expecting to get a "discount" because of who he is.

Sprocket, you know how much I appreciate your incredible work on the blog. Your details and observations are fascinating!

I have an observation, a request, and a question.

Observation: While the State CAN continue to prosecute PS an unlimited number of times after a hung jury, in reality a third prosecution is VERY rare. I know this from my work on old Civil Rights cases. The State has finite resources (especially California these days!) and absent new evidence, States are reluctant to keep trying cases again and again. Of course I personally hope that this jury finds him guilty. Failing that, I would hope the State would try again. But it is very unusual to have a third trial.

Suggestion: I LOVE this Q and A thread. I hope you will do it again - though I hate to burden you with more work!

Question: Since we did not get to see Ms. Truc Do in the first trial, nor Mr. Weinberg, I wonder how you would compare their courtroom abilities/skills with those of their predecessors.

I'm guessing that it was easier to borrow against the houses during the inflated days of real estate values in Southern California, and that Spector's too cunning to borrow against future income unless he absolutely must. I'll bet his royalties were Topic A in any pre-nuptial agreement he negotiated with Rachelle, and I will further wager that they will be vigorously pursued (and equally vigorously concealed) if he loses a civil lawsuit, like OJ, in the years to come.

Third prosecutionAlthough a third prosecution may be rare, I believe it would happen. Spector will not take a plea bargain, ever. That leaves prosecution. The DA's strategy could change dramatically with a third prosecution. They could decide to present to the jury every statement Spector has made about Lana's death. With so many conflicting "explanations" that might be the straw that tips the scales. We will just have to see what this jury does.

First trial counsel vs Second trialAs much as I admire Mr. Dixon, I think Truc and AJ make a better team.

I've said it many times before. Weinberg by himself is hands down better than that unorganized group of fighting egos Spector had in his first trial.

If I get more positive input Barry, I will consider doing a Q&A each weekend until the trial is over. I posted an update on Scout Kitty on Day 35, Part II. Just click on that day in the Quick Links list. Scout and Jumpy often sleep and play together on the heated massage table.

Spector's lookHe doesn't look great, that's for sure and he still hasn't had that vocal cord surgery. He can barely talk. It sounds like a heavy rasp when he does.

Not a terribly important question but it has bothered me: I wonder if PS has ever returned to the H of Blues VIP room, and if so,was he admitted?It has always bugged me that mgmt there allowed employees on duty to sit down with the guests. Even if you have never worked in such a place--and have only been a customer---you know this is unprofessional and not kosher in the service industry. We all know now how this figured into the events that followed.

House of BluesSince Lana was told to treat Spector "like golden" aka as if he was on equal footing with Dan Aykroyd, one of the founding members, it's a good guess that Spector's membership in the HOB VIP room was the highest membership available.

I think it's a good question for Michelle Blaine. She might know if ~during her employ~ Spector ever went back to the Sunset Boulevard location.

To Anonymous who said Spector' income was "mid six figures." That is just WAY too low. As I said, if a member of the Kingston Trio who never wrote his own songs can pull in a million a year, you have to know that Spector is pulling in so much more than that.

WigsI seem to remember that one of the Menendez brothers was not allowed to wear his "piece" in jail. I doubt Spector will be able to have a hair piece in jail.

Juror #6I disagree with your comment that it's "obvious this juror could prove crucial during deliberations, for many reasons."

I saw this juror being interviewed. I remember it specifically.

The juror is a male, and his research has to do human genetic disease. He rattled of an illness that he and his fellow scientists are currently in a trial for: spinal cerebral ataxia. FIdler asked him, "Could you spell that for the court reporter?" There was laughter in the courtroom. His group is doing a study with vertebrates. "We harvest their eggs and life cycle. [...] Other people I work with would find it difficult (if he was on this case)." There are certain schedules they have to adhere to, to properly do the study.

He has served on a civil trial and he was frustrated with a juror. The case took several days.

I have quite a bit more notes on this juror and there is nothing in what I heard him say that would make me believe that having him in the jury room would be of greater importance than any other juror.

Unless of course, you know something that Mr. Weinberg has told you directly, about this juror from their juror questionnaire. Is that the case, Mr.......?

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